1995 LAWS OF MARYLAND
CHAPTER 437

AN ACT concerning

(Senate Bill 115)

Maryland Tort Claims Act

FOR the purpose of altering the period of time within which a claimant under the
Maryland Tort Claims Act is required to submit a certain claim to the Treasurer or
the Treasurer's designee; establishing a certain limitation on the liability of the
State and its units under the Maryland Tort Claims Act; providing for the effective
date of this Act; providing for the application of this Act; and generally relating to
the Maryland Tort Claims Act.

BY repealing and reenacting, with amendments,
Article - State Government
Section 12-104 and 12-106
Annotated Code of Maryland
(1993 Replacement Volume and 1994 Supplement)

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 5-399.2(a)
Annotated Code of Maryland
(1989 Replacement Volume and 1994 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Government

12-106.

(a)     This section does not apply to a claim that is asserted by cross-claim,
counterclaim, or third-party claim.

(b)    A claimant may not institute an action under this subtitle unless:

(1)     the claimant submits a written claim to the Treasurer or a designee of
the Treasurer within [180 days] 1 YEAR after the injury to person or property that is the
basis of the claim;

(2)     the Treasurer or designee denies the claim finally; and

(3)     the action is filed within 3 years after the cause of action arises.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

- 2612 -

Ch. 437